OSHA to delay Form 300A electronic submission requirement

By: May 18th, 2017 Email This Post Print This Post

Certain employers have been preparing for a new requirement that they submit an annual Form 300A, which summarizes work-related injuries and illnesses, to the government electronically by July 1, 2017. But that deadline is likely to change.

Citing an email from OSHA, labor attorney Tressi L. Cordaro with the firm Jackson Lewis P.C., wrote in a blog post Wednesday that officials had announced they intend to delay the compliance date, which had been set by a final rule issued a year ago.

“Currently, we do not have any additional information about the timeline for this,” the email says. “We will let you know as soon as additional information, including a proposed extension date, is available.”

An OSHA spokesperson confirmed Thursday that there’s still no information available on the new timeline being proposed, but he noted that an announcement should be forthcoming in the Federal Register. A recent update to OSHA’s webpage explaining the rule confirms the delay and states that the administration is not currently accepting submissions electronically.

The new rule requires certain employers—including establishments with 250 or more employees and establishments with 20-249 employees in certain high-risk industries, such as ambulatory healthcare services, general medical and surgical hospitals, and other healthcare settings—to take the injury and illness data they’re already required to collect and then submit it to OSHA electronically, with some of the data to be released publicly online.

“Behavioral economics tells us that making injury information publicly available will ‘nudge’ employers to focus on safety,” the OSHA website explains. “And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well.”

Interestingly, the delay comes as multiple lawsuits challenging the final rule’s legality wind their way through federal court. Last month, a judge overseeing one of the cases set a deadline in the court proceedings for July 5, indicating that he would not rule on the rule’s legality before its compliance date, Bloomberg reported.

Cordaro declined to comment beyond her blog post, citing the fact that her team represents multiple petitioners challenging the rule.

Bloomberg reported that the rule would affect about 466,000 employers nationwide.

Form 300A

Form 300A

 

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